HomeMy WebLinkAboutNov 10, 1980OFFICIAL PROCEEDINGS
REGULAR MEETING OF THE COLUMBIA HEIGHTS CITY COUNCIL
NOVEMBER 10, 1980
The meeting was called to order by Mayor Nawrocki at 8:00 pm.
1. Roll Call: Logacz, Heintz, Hentges, Nawrocki--present Norberg--absent
It was noted by the City Manager that Councilman Norberg was ill.
2. Minutes of Previous Meetings
Motion by Hentges, second by Heintz to approve the minutes of the Special Meeting of
the City Council on May 19; the Public Hearing-Cable TV Communications Meeting on
October 22; and the Regular Meeting of the City Council on October 27, as presented
in writing, and that the reading be dispensed with. Roll Call: All ayes
3. Oral Petitions--None
4. Ordinances and Resolutions
a. Resolution 80-74 being a resolution approving Minnesota Laws, 1980, Chapter 607,
Article XV, Section 4
'Motion by Heintz, second by Hentges to table this tiem to be discussed in an Executive
Session. Roll Call: All ayes
b. Resolution 80-72 being a resolution setting rates on sewage disposal and water supply
in the City of Columbia Heights
The City Manager reviewed the new rates and gave the results of the comparison study
of three other surrounding suburbs that was done.
RESOLUTION 80-72
SETTING RATES ON SEWAGE DISPOSAL AND
WATER SUPPLY IN THE CITY OF COLUHBIA HEIGHTS
BE IT HEREBY RESOLVED by the City Councll of the City of Columbla
Heights, that:
In accordance with the rate increase to be paid by the City of Columbia
Heights to the Metropolitan Sewer District and the Minneapolis Water
Department, the following rates shall be put into effect as of January 1,
1981 on all billings rendered thereafter:
1. Water Supply Rates
The Water rate shall be a minimum of $7.00 per quarter for the
first 600 cubic feet of water or less. The rate shall be 80¢
per 100 cubic feet used for all water used beyond the 600 cubic
feet minimum.
2. Sewer Disposal Rates:
The minimum sewer disposal charge shall be $16.50 per quarter on
a quarterly basis per family unit for the first 2200 cubic feet
of water usage per quarter; and 75¢ per 100 cubic feet thereafter
to a maximum charge of $22.50 per quarter. The rate for commercial-
industrlal users shall be based on water consumption at 75¢ per 100
cubic feet.
Council Meeting
November 10, 1980
page 2
Any residential service hooked up to the Columbia Heights sanitary
sewer system that is not also hooked up to the Columbla Heights
water distribution system, shall pay a flat quarterly sewer fee equal
to the maximum quarterly sewer disposal charge in effect at the time
a billing is rendered, unless a water meter reading is provided
recording a lower reading than 3000 cubic feet in a quarter for
which the current rate down to the minimum shall apply.
3. Senior Citizen Rates:
For low income residents over 62 years of age and a maximum household
income of less than $7,500 per year:
Sewer disposal:
Minimum water use:
$2.50/month
$1.50/month
$7.50/quarter
$4.50/qua rte r
BE IT FURTHER RESOLVED that all foregoing rates are made in
order to meet the additlonal cost to the City of Columbia Heights
for these respective services.
Passed this loth day of November, 1980.
Offered by: Heintz
Seconded by: Logacz
Roll Call: All ayes
Bruce G. Nawrocki, Mayor
Ar~ne Student, C'6unci 1
Secretary
c. First Reading of Ordinance No. 939 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to requiring sprinkler systems in on-sale liquor
establishments
Motion by Heintz,second by Logacz to waive the reading of the ordinance there being
ample copies available to the public. Roll Call: All ayes
The City Manager explained some sections of the ordinance and spoke to a memo
received from the Fire Chief in regard to it. Discussion followed as to what the
requirements presently are for sprinkler systems in apartments, commercial build-
ings and publicly-owned facilities. The City Manager advised the Council that the
Fire Chief will be present at the next meeting of the Council with this information.
The second reading of this ordinance will be at the next regular meeting of the
Council and will constitute a public hearing.
Council Meeting
November 10, 1980
page 3
ORDINANCE NO. 939
BEING AN ORDINanCE AMENDING ORDINANCE NO. 853, CITY CODE
OF 1977, PERTAINING TO REQUIRING SPRINKLER SYSTEMS IN
ON-SALE LIQUOR ESTABLISHES
The City of Columbia Heights Does Ordain:
Section 1: Section 5.503 (10)(g) of Ordinance No. 853, City Code of 1977, passed
June 21, 1977, which is currently reserved, shall hereafter read as
follows, to-wit:
Section 2:
"5.503 (10)(g) No license shall be granted for any premises
which does not have a sprinkler system."
This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading:
Second reading:
Date of passage:
November 10, 1980
Offered by:
Seconded by:
Roll Call:
Bruce G. Nawrocki
Jo-Anne Student, Secretary to the Council
d.First Reading of Ordinance No. 940 being an ordinance amending Ordinance No.853,
City Code of 1977, pertaining to swimming pool construction
Motion by Heintz, second by Hentges to waive the reading of the ordinance there
being ample copies available to the public. Roll Call: All ayes
The Building Inspector advised the Council that in some instances swimming pools
have been constructed and filled before fencing has been erected. This ordinance
would prohibit a practice that could pose a danger or a hazard.
The second reading of this ordinance will be at the next regular meeting of the
Council and that will constitute a public hearing.
ORDINANCE NO. 940
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977, PERTAINING TO SWIMMING POOL CONSTRUCTION
The City of Columbi~ Heights does ordain:
Section 1: Section 6.502(1) of Ordinance No. 853, City Code of 1977, which reads as
follows, to-wit:
Council Meeting
November 10, 1980
page 4
"(1)
All outdoor swimming pools existing and hereafter constructed shall
be completely enclosed by a fence or wall of the non-climbing type.
No pool shall be filled or partially filled until such fencing is
completely installed.
(a)
All fence openings or points of entry into the pool area en-
closure shall be equipped with gates. The fence and gates
shall be at least five feet in height and shall be constructed
of a minimum number 11 gauge woven wire mesh corrosion-resis-
tant material, or other material approved by the Building In-
spector.
(b)
All gates shall be equipped with self-closing and self-latching
devices placed at the top of the gate, at least five feet above
the base of the gate, or, in the Judgment of the Building Inspec-
tor, equally inaccessible to small children. All fence posts
shall be decay or corrosion-resistant and shall be set in con-
crete bases or, alternatively, 3-1/2" by 3-1/2" creosote soaked
posts buried to a depth of at least three feet tamped soil. The
opening between the bottom of the fence and the ground or other
surface shall not be more than four inches."
is herewith amended to read as follows, to-wit:
(1)
All outdoor swimming pools existing and hereafter constructed shall
be completely enclosed by a fence or wall of the non-climbing type.
Construction of swimming pools may not be commenced until such time
as the fencing required by this section is completed, with the excep-
tion of an approved area to be left open to allow access only for
the equipment and materials used for the construction of the pool.
(a)
All fence openings or points of entry into the pool area en-
closure shall be equipped with gates. The fence and gates
shall be at least five feet in height and shall be constructed
of a minimum number 11 gauge woven wire mesh corrosion-resis-
tant material, or other material approved by the Building In-
spector.
(b)
All gates shall be equipped with self-closing and self-latching
devices placed at the top of the gate, at least five feet above
the base of the gate, or, in the judgment of the Building Inspec-
tor, equally inaccessible to small children. All fence posts
shall be decay or corrosion-resistant and shall be set in con-
crete bases or, alternatively, 3-1/2" by 3-1/2" creosote soaked
posts buried to a depth of at least three feet tamped soil. The
opening between the bottom of the fence and the ground or other
surface shall not be more than four inches.
Section 2: This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First reading:
Second reading:
Date of~ass~ge:
November 10, 1980
Council Meeting
November 10, 1980
page 5
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Secretary to the
Council
e. Resolution dealing with the opposition to proposal for reallocation of the two
percent fire, lightning, sprinkler leakage and extended coverage insurance
premiums.
The City Manager felt the decision for the source of revenues and use of revenues
for funding retirement programs is a decision appropriately vested with local
City Councils and recommended this resolution not be adopted. This resolution
was presented for consideration by the Council by the Volunteer Fire Fighters'
Relief Association-Board of Examiners. Councilman Hentges noted that this City
has displayed its responsibility in this matter, but that some cities have
not shown that same degree of responsibility and may eventually not be able to
pay their share into this fund in the future. Councilman Heintz felt the dec-
ision should be made on this matter exclusively, dealing with the concers and
the responsibilities of the City of Columbia Heights, and not based on our
concerns with other cities. Councilman Hentges thought the resolution should
be considered as it might afford small municipalities, such as Columbia Heights,
protection against penalities in the future if larger cities didn't meet their
obligations to this fund.
Motion by Hentges to approve the resolution as recommended by the Volunteer
Fire Fighters' Relief Association. Motion dies for lack of a second.
No action was taken on this resolution.
f. Resolution 80-73 being a resolution establishing amount of City share and amount
of special assessment on projects to be levied.
According to state statutes, and as per our City Code, the Council is required to
determine by resolution the amount of total expense municipalities will pay with
regard to public improvement projects. The City Manager gave details regarding
the projects included in these assessments.
R E S 0 L U T I 0 N #8C -7,3
BEING A RESOLUTION ESTABLISHING AMOUNT OF
CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENT
ON PROJECTS TO BE LEVIED
WHEREAS, the City Council of the City of Columbia Heights by motion on
the 30th day of September, 1980, ordered a special assessment hearing
to levy the cost of Improvements and
WHEREAS, the following projects will be specially assessed on November 26,
1980, and a portion of the costs may be borne by the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061,
and City Code 4.103, that the breakdown is as follows:
Council Meeting
November 10, 1980
page 6
ASSESSMENT
754 Lat. San. Sewer& Water
755 Seal Coat, Gen. Fund
757 Alley Bktp., Gen. Fund
758 Alley Bktp., PIR 747
759 Alley Bktp.
760 Misc. Delinq. Bills
763 Grading for Storm Drainage
CITY SHARE ASSESSMENT TOTAL
NONE $ 4,813.12 $ 4,813.12
$14,864.36 92,788.38 107,652.74
2,709.20 3,200.00 5,909.20
550.00 7,194.88 7,744.88
NONE 10,533.65 10,533.65
NONE 785.87 785.87
NONE 762.30 762.30
WHEREAS, the foIlowlng project costs are Incomplete at this time; therefore,
the Council will levy a partial assessment pursuant to Minnesota Statutes
# 429.O71:
735 Curb,Gutter,Mat,and Stubs
739 Alley open & Bktop.
UNKNOWN $263,175.90 $263,175.90
UNKNOWN 36,368.68 36,368.68
Passed this 10 day of November, 1980
Offered by: Heintz
Seconded by: Hentges
Roll Call: All ayes
?ecreta~ry of-the CouTrcl-)-
Mayor
6. Communications
a. Planning and Zoning Commission
1.Robert Proft, 4911 Central Avenue, Rezoning of Property
The Planning and Zoning Commission recommended denial of this rezoning request
because a specific development for the parcel is not being presented. Mr. Proft
feels this request would make his parcel in conformance with the surrounding
properties. This parcel is presently zoned "Limited Business: (LB) and he is
asking for a zoning of "Retail Business" (RB). He felt that the rezoning should
take place before specific plans are made for the parcel in that it would make
the property more attractive to potential developers. The City Planner explained
the different requirements of the two zonings in question. Councilman Hentges
recalled that the City's current Comprehensive Plan calls for RB zoning all
along Central Avenue. Councilman Heintz concurred with the Planning and Zoning's
recommendation that the owner should submit a plan for the property before the
rezoning is done.
Motion by Heintz to concur with the recommendation of the Planning and Zoning
Commission. Motion dies for a lack of a second.
The City Planner recommended to the Planning and Zoning Commission at a prior
meeting, that the whole block, between 49th and 50th Avenues, be rezoned. He did
not support the recommendation of the Commission.
Motion by Hentges to refer this matter back to the Planning and Zoning Commission
for reconsideration to rezone the entire block. Councilman Hentges withdrew the
motion. The Mayor suggested that the Comprehensive Plan that is presently being
Council Meeting
November lO, 1980
page 7
studied may speak to this parcel. He recalled that the parcels surrounding it
received the zoning they currently have from the last Comprehensive Plan.
Motion by Logacz, second by Hentges to table this request until the Comprehensive
Plan is adopted. Roll Call: Logacz, Hentges, Nawrocki--aye Heintz--nay
2.Dale Knott, 1045 Peter's Place, Variance
Mr. Knott is requesting a 30' front yard setback variance, a waiver to park on the
boulevard, a I0' side yard variance and a 10' variance on the allowable curb width
to allow an asphalted 32' by 20' parking pad in front of his six unit apartment
building. The Planning and Zoning Commission had recommended denial of the variances.
Considerable discussion followed as to the problems being encountered by the owner
of the apartment building. Potential problems were cited by some of the tenants
in the building and by one of the neighboring property owners. The City Planner
explained the reasons for denial. He, with members of the Council, the Mayor and
the property owner reviewed drawings of the property and explored possible solu-
tions. It was the suggestion of the Police Chief to issue the owner permission
to continuing parking as in the past, for this winter season. This suggestion
would allow the owner enough time to make necessary accommodations to comply
with the parking ordinance. This could be handled administratively.
Motion by Heintz, second by Logacz to concur with the recommendation of the
Planning and Zoning Commission to deny the requested variances. Roll Call: All ayes
3.MSP Restaurant, 51st Court Conditional Use Permit
MSP Restaurant is requesting a Conditional Use Permit to construct a 5,000 square
foot Sizzler Family Steak House on Lot 4, Block 1, Columbia Court Subdivision.
The City Manager reviewed the plan and the City Planner presented site plan drawings.
David Olson, representative for the developer, spoke to specific items that the
Council questioned.
Motion by Heintz, second by Hentges that, upon recommendation of the Planning and
Zoning Commission, approval be given for a Conditional Use Permit contingent upon
the following conditions being met:
a. the landscaping plan be amended and be approved by the Zoning Administrator
and the City Engineer;
b. the south side yard green area shall not exceed a slope ration of 1-1.5
as required by the City Engineer;
c. a variance be granted for the loading area and trash pick-up area according
to 9.116(5); and,
d. the entire length of the easterly buffer strip for the Columbia Court Sub-
division be completed in accordance with the letter of the City Manager to
George Wahlquist prior to the issuance of the building permit to MSP Rest-
aurant or that the sum of $42,000 be escrowed to the City pending the com-
pletion of the twenty-foot buffer strip, birm and trees in accordance with
the approval of the City Engineer, Parks Superintendent and the approval of
the City Attorney of an agreement to provide for the entry and completion
of that work by the City should the work specified not be completed by
July l, 1981.
Roll Call: Heintz, Logacz, Hentges--aye Nawrocki--nay
4.Thorpe Brothers, 1154 Cherry Lane Access
This item was brought before the Planning and Zoning Commission for confirmation
of the exit/access originally approved with the Cherry Heights Subdivision. This
was an informational item.
RECESS: 10:15
RECONVENE: 10:30
Council Meeting
November 10, 1980
page 8
b. Traffic Commission
1.Requests for "Handicapped" Signs
The Traffic Commission recommends to the City Council that a handicapped sign
be placed in front of 4426 3rd St. at the curb in line with the sidewalk entrance,
pending the proper permit as required by the State of Minnesota; and that a
handicapped sign be placed in front of 4816 6th St. at the curb line so that
one space could be reserved for loading into an automobile or ambulance, pending
the proper permit as required by the State of Minnesota.
Motion by Heintz, second by Hentges to concur with the recommendation of the
Traffic Commission on the placement of both of these signs. Roll Call: All ayes
2.Stinson Boulevard--Fairway Drive to Argonne
The City Manager referred to the Traffic Commission's report for the details
of this matter. Motion by Hentges to concur with the recommendation of the
Traffic Commission. Motion dies for lack of a second.
Motion by Heintz, second by Logacz to authorize placement of a stop sign, stop-
ping southbound traffic on Fairway Drive and Stinson Boulevard, provided that
New Brighton concurs stopping northbound traffic on Stinson Boulevard and Fair-
way Drive, and to remove the stop sign from Stinson Boulevard and Innsbruck
Parkway and replace with "yield" signs on Chalet Drive, Innsbruck Parkway and
North Upland Crest. Roll Call: Logacz, Heintz, Nawrocki--aye Hentges--nay
3.4000 Central Avenue Chester Latawiec-Robert Halva
Two residents appeared before the Planning and Zoning Commission and the Traf-
fic Commission to present their plan and to seek approval of the concept. This
plan is for the northwest corner of 40th and Central Avenues, and includes
a two-story building to house a shoe store and a law office. This was an in-
formational item. No action is needed at this time.
4.4528 Monroe St. N.E. "No Parking" Signs
The Traffic Commission recommends to the City Council to concur with a resi-
dent's request to install "no parking" signs from Jefferson to Monroe (south
side of Monroe)'.
Motion by Hentges, second by Heintz to concur with the recommendation of the
Traffic Commission. Roll Call: Logacz, Hentges--aye Heintz, Nawrocki--nay
Motion fails.
Motion by Heintz, second by Logacz to refer this matter bakc to the Traffic
Commission for further reviewal. Roll Call: Logacz, Heintz, Nawrocki--aye
Hentges--nay
7.Old and New Business
a. Old Business--None
b. New Business
1. Final Payment for Improvement on Trunk Highway 65 (Central Avenue)
Motion by Hentges, second by Heintz to authorize final payment for agreement
#58190 in the amount of $20,832.98; and agreement # 58811 in the amount of
$6,022.46 to the Minnesota Department of Transportation for work completed
in conjunction with improvements on Central Avenue. Furthermore, that $4,209.73
of the above payments be financed from State Aid funds, if possible, or from
the General Fund Unallocated fund balance. Roll Call: All ayes
2. Final Payment for Regrading of East Sideyard at 1029 42½ Ave., Drainage
Council Meeting
November 10, 1980
page 9
Problem Correction
Motion by Logacz, second by Heintz to authorize final payment to Carl Bolander
and Sons Company in the amount of $360 for project # 8019. Roll Call: All ayes
3. Authorization to Purchase 1½" Fire Hose Replacement
Motion by Heintz,second by Logacz to authorize the City Manager to purchase 700'
of 1½" fire hose from Minnesota Fire, Inc. of St. Paul in the amount of $809.49
based upon quotation received by the City of Minneapolis Fire Department.
Roll Call: All ayes
4. Seminar-Project Inspection
Motion by Heintz, second by Hentges to authorize the expenditure of $760 for the
attendance of Dan Eberhart and Jim Molinaro at a seminar on Public Works' Con-
struction Inspection to be held at the University of Wisconsin, Madison, Wisc.,
January 13-16, 1981. These two employees are in the Engineering Department.
Roll Call: All ayes
5. New Hires
Motion by Heintz, second by Hentges to establish the salary of Debra Carpentier,
Police Records' Techincian, at $920 per month, effective November 17, 1980; and
to establish the salary for Phyllis Haubrick, Utilities/Liquor Clerk (temporary)
at $4.51 per hour, effective November 10, 1980,being in conformance with the
pay plan as adopted by the City Council. Roll Call: All ayes
6. Authorization to Seek Custodial Service Bids
Motion by Heintz, second by Hentges to authorize the City Manager to advertise
for bids for custodial services at various City buildings. Bids are to be
opened on December 11; and submitted to the City Council on December 22, 1980
Roll Call: All ayes
7. Contribution to Columbia Heights' Chamber of Commerce
Motion by Heintz, second by Hentges to authorize the expenditure of $1OO for
decorations and lighting to the Chamber of Commerce for Wargo Court, the
payment to be made out of the liquor fund. Roll Call: All ayes
8. Cooperative Purchase Agreement with Anoka County
This agreement would allow the City of Columbia Heights to piggy-back on Anoka
County bids and will also allow Anoka County municipalities to jointly purchase
commodities and/or purchases. Presently the City Manager is exploring the pos-
sibility of the City of Columbia Heights providing group health insurance to
employees under the terms of Anoka County policy.
Motion by Heintz, second by Hentges to authorize the Mayor and City Manager to
execute the Cooperative Purchase Agreement with Anoka County. Roll Call: All ayes
9. Salary Adjustment for Acting Park Superintendent
Motion by Heintz, second by Logacz that the salary of the Acting Park Superin-
tendent be set at $1,578 per month, retroactive to October 1, 1980.
Councilman Hentges feels the Council should decide now whether or not this party
is suitable for the job and not wait until next year. This party has been in the
employ of the City for about three years and in this position since June 1979.
Roll Call: Logacz, Heintz, Nawrocki--aye Hentges--nay
10. Proposed Sale of City Property--Three Shotguns
Motion by Logacz, second by Heintz to authorize the sale of three Winchester
model 79 shotguns at the gun show and sale to be held on November 22 and 23 in
the Minneapolis Armory. Roll Call: All ayes
Council Meeting
November 10, 1980
page 10
ll. Consultant Firm of 41st Avenue Relocation Work
Motion by Hentges, second by Logacz to authorize the Mayor and City Manager
to contract with lowest bidder for this project, Suburban Engineering, Inc.,
the fees to be expended only after the contract is signed with the Down-
town Development Project. Roll Call: All ayes
8. Reports
a. The Fire Chief gave an update on a fire truck that had been out of commission
since September 25th of this year. It has had a new transmission cooler in-
stalled and there is some question as to whether the transmission and radiator
was the correct size to begin with. It has had a fairly thorough going over
and appears to be shifting satisfactorily at the present time.
b. City Manager's Report
This report was submitted in written form. The City Manager spoke to a number
of the items included in the report. The first item was Project No. 623.
This project was to authorize the widening of the street right-of-way to
60 feet on 3rd street from 4Oth avenue to 41st avenue based on the possibility
of a school being built in this area. This project is no longer valid as
time has run out for the project to be begun according to state statute.
A Special Assessment hearing is set for November 26, 1980 at 7:30 pm. The Local
49 negotiations have begun and the City Manager will keep the Council informed.
Negotiations with Local 17 have begun. This union represents bartenders and
waitresses.
9. Licenses
Motion by Hentges, second by Heintz that licenses be approved as listed upon
proper payment of fees. Roll Call: All ayes
lO. Payment of Bills
Motion by Heintz, second by Hentges to authorize the payment of bills as listed
out of their proper funds. Roll Call: All ayes
Motion by Heintz, second by Hentges to adjourn
Adjournment: 12:20 am.
o-An-ne Student, ~6uncil Secretary
the meeting. Roll Call: Alll ayes
Bru'c~ G. Nawrocki, Mayor